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Friend putting false allegations of theft, as i was only there with he
06-Oct-2023 (In Criminal Law)
Hi, I was travelling with my friend in taxi. Now she’s blaming me for her wallet theft as I was the only one travelling with her in taxi. Is it enough to charge or convict. If not what would be the exact circumstantial evidence to get convicted. I’m confused with circumstantial evidence. I’m worried as I have read it somewhere that this would be enough circumstantial evidence to convict. Thank you in advance.
As per the Law , the story and circumstances mentioned by you is enough to made you the accused , but , that is not only sufficient...to make you accused the recovery of stolen property from you is also necessary....!!!!
Mere allegation of said thing is not enough.
Mere allegation of said thing is not enough.
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Adv. Vikas Galugade
Mumbai | 25+ Answers
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Well, the facts provided are limited. Nevertheless, I will give an opinion based on the facts elucidated by you.
The facts mentioned are enough for a charge. Charge and conviction are completely different.
Conviction/Acquittal will depend on the following :-
a) What is deposed by the Complainant in the Court when the evidence is recorded.
b) The prosecution will have to prove that the Complainant possessed the property of which there is alleged theft and that such property is stolen.
c)You were there in the taxi with her.
d)Additional and crucial circumstance will be whether the property is recovered at your instance.
Your entire case in the trial court will depend on how your advocate cross examines the complainant.
The facts mentioned are enough for a charge. Charge and conviction are completely different.
Conviction/Acquittal will depend on the following :-
a) What is deposed by the Complainant in the Court when the evidence is recorded.
b) The prosecution will have to prove that the Complainant possessed the property of which there is alleged theft and that such property is stolen.
c)You were there in the taxi with her.
d)Additional and crucial circumstance will be whether the property is recovered at your instance.
Your entire case in the trial court will depend on how your advocate cross examines the complainant.
Helpful?
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Don't worry. Nothing will happen. Don't go into too much of technicalities. You will confuse yourself and will create your own fear zone. Circumstancial evidence can also be implied on your girlfriend playing the victim card in order to harass you for no reason or reasons known to her.
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Adv. Ramgopal Aiyer
Navi Mumbai | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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